5101:2-48-05
Agency adoption policy and recruitment plan.

(A)
A public children services agency (PCSA),
private child placing agency (PCPA) or private noncustodial agency (PNA) that
places children for adoption or participates in the placement of children for
adoption shall have a current written adoption policy.

(f)
The
requirement that an assessor shall complete the JFS 01530 "Multiple
Children/Large Family Assessment" (12/2006) if an approved adoptive parent(s)
will have at least five children residing in the prospective adoptive home. The
five children includes the child who is to be placed in the home for
adoption.

(a)
The requirements that an adoptive
applicant(s) or approved adoptive parent(s) shall notify the agency in writing
if a person residing in the home who is twelve years old, but under eighteen
years old, has been convicted or pleaded guilty to any offense listed in
appendix A to rule
5101:2-48-10 of the
Administrative Code or has been adjudicated to be a delinquent child for
committing an act that if committed by an adult, would constitute one of those
offenses.

(b)
The requirements that
the PCSA, PCPA, or PNA shall notify in writing the PCSA in the county in which
the adoptive applicant resides within ten days after the initiation of a
homestudy pursuant to rule
5101:2-48-12 of the
Administrative Code.

(c)
The
requirements that the PCSA, PCPA or PNA shall notify in writing the PCSA in the
county in which the adoptive parent(s) resides, of an impending adoptive
placement no later than ten days prior to the placement of the child pursuant
to rule
5101:2-48-16 of the
Administrative Code.

(4)
A procedure to provide access to approved adoption homestudies and other
related documents to another PCSA, PCPA, or PNA that requests a copy of the
adoption homestudy for purposes of matching a child pursuant to rule
5101:2-48-19 of the
Administrative Code.

(5)
A
procedure for the receipt and maintenance of approved adoptive homestudies from
other agencies or states, including the length of time that homestudies
received shall be maintained in the agency's files.

(6)
A procedure pursuant to rule
5101:2-48-24 of the
Administrative Code, to review grievances or complaints, received from the
prospective adoptive applicant(s), adoptive applicant(s), or approved adoptive
parent(s).

(a)
The requirements for hearing
grievances and for resolving differences with the prospective adoptive
applicant(s), adoptive applicant(s), or approved adoptive parent(s), relative
to the requirements of Chapter 5101:2-48 of the Administrative Code and other
agency policies.

(b)
The
requirements of review by the highest administrative employee of the agency or
designee for any unresolved grievance within thirty calendar days of the filing
of the grievance.

(7)
The requirements contained in rule
5101:2-33-03 of the
Administrative Code supersede the requirements of this rule when the
grievance or complaint involve alleged discriminatory acts, policies, or
practices pertaining to the foster care and adoption process that involves
race, color or national origin (RCNO).

(8)
A requirement
that the custodial PCSA or PCPA for the child to hold the initial matching
conference within ninety days of the execution of the permanent surrender or
the file stamp date of the permanent custody order, unless the order is under
appeal as outlined in rule
5101:2-48-16 of the
Administrative Code.

(9)
A procedure to match a child with an adoptive
parent(s) that
addresses all of the following:

(a)
When any adult relative or the child's current
foster caregiver has expressed an interest in adopting the child as evidenced by the
completion and submission of either the JFS 01691"Application for Child
Placement" (rev. 6/2009) or JFS 01692 "Application for Adoption of a Foster
child" (rev. 6/2009). Where either option would be suitable permanent homes for
the child,the agency
may place the child with
whom it deems is in the child's best
interest.

(b)
If the
child is a member of a federally recognized tribe or Alaskan Native Village,
the Indian Child Welfare Act of 1978, 25 U.S.C.. 1901 (1/2/06) (ICWA) shall take precedence for
an adoption.

(c)
Whenever possible
and in the best interest of the child(ren), sibling groups should not be
separated.

(d)
The child's
preference may be considered if the child has the capacity to express a
preference.

(e)
The length of time
between adoptive placements for the adoptive parents shall be specified in the
policy.

(f)
Any
adult relative or foster caregiver who has
expressed interest in the child by the completion and submission of either the JFS
01691 or JFS 01692 shall be considered at the matching conference. The
following is the preferential order for the placement of a child if more than
one family is being considered for placement:

(ii)
The foster caregiver with whom the child
resides, if the child has substantial emotional ties to the foster caregiver
and if the removal of the child from placement with the foster caregiver would
be detrimental to the child's well-being.

(iii)
A foster caregiver with whom the child
has previously resided at any time.

(iv)
An approved adoptive parent(s) who is
accepting of the child's characteristics and who has expressed an interest in
adopting the child.

(g)
If there are no families available to be considered at a matching conference
for a specific child and the JFS 01654 "Adoptive Placement Agreement" (rev.
2/2014) has not been signed, the agency shall conduct child-specific
recruitment for the child prior to the next matching conference. Child specific
recruitment shall include at a minimum:

(i)
The agency distribution of
information regarding the child to two or more adoption agencies.

(ii)
The agency exploration with the child and review of the case file for
relatives or individuals in the child's past who may possess the ability and be
willing to provide a permanent home for the child .

(h)
When subsequent
matching conferences are not required as outlined in rule
5101:2-48-16 of the
Administrative Code.

(10)
A non-discriminatory policy on determining the
approved adoptive parents listed in paragraph (B)( 9)(f)(iv) of this rule who will be presented as a
potential adoptive parent for the child in the matching conference. If there
are more than five families who are potential matches for the child, the agency
may narrow the number of families to a minimum of five based on:

(a)
The level of experience the family has in
working with child(ren) with the specific behavior, medical or mental health
challenges that a specific child presents.

(b)
The preference to keep siblings together
if in the child's best interest.

(11)
If a family was previously considered for a
child in a matching conference and was not interested in the child, the agency
does not have to consider the family for the same child in subsequent matching
conferences.

(12)
The availability
of open adoptions between the birth parent(s) and the adoptive parent(s) and
the referral process if the agency does not provide open adoptions.

(13)
A procedure for the agency to report an adoptive
applicant(s) or adoptive parent(s) who it feels has made a false statement in
the application or homestudy processaccording to rule
5101:2-33-13 of the
Administrative Code.

(14)
A description of all state and federal adoption
assistance, including eligibility and the application requirements.

(18)
Availability of a state hearing, as described in
section 5101.35 of the Revised Code, if
a prospective applicant(s) believes that an adoptive placement was denied or
will be denied solely for the reason of geographic location of the
family.

(C)
Standards of conduct regarding the Multiethnic Placement Act of 1994 as amended
by section 1808 of the Small Business Job Protection Act of 1996,
42 U.S.C.
622(b)(9),
671(a)(18),
674(d) and
1996(b)(9) (MEPA)
(1/2/06) and the Title VI of the Civil Rights Acts of 1964,
42 U.S.C.
2000d, (1/2/06) as they apply to the adoption
process (Title VI) do not supersede the provisions of the ICWA.

(D)
The PCSA, PCPA, or PNA may prepare a
summary of its agency adoption policy to respond to inquiries concerning
adoption pursuant to rule
5101:2-48-08 of the
Administrative Code. If the agency prepares a summary, it shall include:

(1)
A written notice of the procedure for any
complaints of discrimination in the adoption process that involve race, color
or national origin (RCNO).

(2)
The
JFS 01611 "Non-discrimination for Foster Care and Adoptive Placements" (rev.
1/2009). No additional language regarding non-discrimination in the adoptive
placement process based upon RCNO shall be included in the agency's policy or
other recruitment materials.

(E)
The PCSA, PCPA, or PNA shall update its
written policy to reflect new requirements contained in Chapter 5101:2-48 of
the Administrative Code. The agency shall submit its adoption policy to the
Ohio department of job and family services (ODJFS) within thirty days of the
effective date of this rule.

(F)
If
the PCSA, PCPA or PNA amends its adoption policy at any time other than the
required due date, the PCSA, PCPA or PNA shall submit the amended adoption
policy to ODJFS within thirty days following the policy change.

(G)
Recruitment of prospective adoptive
parents shall be an ongoing activity of the PCSA, PCPA, or PNA. The agency
shall not deny any person the opportunity to become an adoptive parent on the
basis of RCNO of the person or the child involved.

(H)
The PCSA, PCPA or PNA shall develop and
implement a comprehensive recruitment plan that identifies the agency's
diligent recruitment efforts of parents and which reflects the diversity of
waiting children for whom adoptive homes are needed.

(I)
The PCSA, PCPA, or PNA shall submit a
recruitment plan to ODJFS for each upcoming state fiscal year by May first of
each even numbered year. The director of the
PCSA, PCPA or PNA shall sign the plan.

(J)
If the PCSA, PCPA, or PNA amends its
recruitment plan at any time other than the required due date, the PCSA, PCPA,
or PNA shall submit the amended recruitment plan to ODJFS within ten days
following the amendment.

(K)
The
PCSA, PCPA and PNA, at a minimum, shall include in its recruitment plan the
following:

(1)
A fee structure that is
non-discriminatory to approved adoptive parents and that allows parents of
various income levels the opportunity to adopt. Fees may be charged according
to a standardized and uniformly applied sliding scale, based on a family's
ability to pay. The ability to pay a fee shall not influence the choice of the
most appropriate parent(s) for a child.

(2)
A comparison
of the racial and ethnic diversity of the children in permanent custody with
the racial and ethnic diversity of the approved adoptive family resources in
the agency.

(3)
Any racial or
ethnic category of family that is under-represented and the strategies the
agency will initiate to increase the category.

(4)
Criteria to determine when the agency
will conduct child specific recruitment strategies for a child.

(5)
Identification of the type of specific
recruitment techniques the PCSA or PCPA will have available and will utilize
when child specific recruitment is warranted. Child specific recruitment
activities shall include, at a minimum, distribution
of information on the child to other adoption agencies.

(M)
The PCSA, PCPA, or PNA shall
maintain case records in a consistent and organized manner. If the PCSA, PCPA,
or PNA maintains any required information set forth in this rule in a location
other than the case record, it shall be stated in the agency policy or noted in
the case record where the information can be found for the purpose of:
preservation of agency records, searching for potential placement/adoptive
resources, providing needed or requested services and/or screening/assessing
families.

(N)
If ODJFS
determines an agency's adoption policy, policy revisions or annual recruitment
plan are noncompliant with this rule, the agency shall accept technical
assistance from ODJFS until such time that the policy or recruitment plan is in
compliance.